Acórdão nº 081049 de Supremo Tribunal de Justiça (Portugal), 15 de Janeiro de 1992 (caso NULL)
| Magistrado Responsável | BROCHADO BRANDÃO |
| Data da Resolução | 15 de Janeiro de 1992 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CPC67 ART712 ART721 ART722 N1 N2. L 55/79 DE 1979/09/15 ART1 ART2 ART3 ART4. CCIV66 ART9 N2 ART334 ART342 N2 ART1096 A ART1420 ART1422 ART1425. DL 321-B/90 DE 1990/10/15 ART69 A.
Sumário : I - A necessidade habitacional do senhorio, base da sua denúncia de arrendamento urbano, abrange dois apartamentos contíguos no mesmo piso, insuficientes isoladamente, mas suficientes se unidos com obras de adaptação pouco vultuosas. II - Se o arrendamento for anterior à propriedade horizontal, isso obstaculiza a denúncia do senhorio (Lei 55/79, artigo 1); a menos que a antecedência seja de dias e o inquilino conhecesse o regime horizontal seguinte, hipótese onde a anterioridade é insignificativa, cessando o obstáculo. III - A fixação dos factos cabe à 1. instância e a respectiva...
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